Supreme Court

SCOTUS Denies Cert in West Flagler v. Haaland

Matthew L.M. Fletcher

Here is today’s order list. Justice Jackson is ethical and recused herself. Justice Kavanaugh would have granted the petition.

Cert petition and link to lower court materials here.

SCOTUS Rules in Favor of Tribes in Health Care Funding Case, 5-4

Matthew L.M. Fletcher

Here is opinion from the Chief Justice in Becerra v. San Carlos Apache Tribe.

Briefs here.

Federal Brief in Opposition to Cert in West Flagler v. Haaland

Matthew L.M. Fletcher

Here:

Cert Opp Brief.pdfDownload

The petition is here.

SCOTUS Denies Cert in Challenge to Ione Band Casino Stuff

Matthew L.M. Fletcher

Here is today’s order list.

Here is the No Casino in Plymouth v. NIGC cert petition.

SCOTUS Denies Cert in Challenge to Mashpee Wampanoag Trust Land Acquisition

Matthew L.M. Fletcher

Here is today’s order list.

The cert petition is here.

These guys shoulda been on the Supreme Court. . . .

SCOTUS Cert Stage Materials in Turtle Mountain Ojibwe Efforts to Uncover Republican Legislators’ Racial Animus

Matthew L.M. Fletcher

Here are the cert stage materials in Turtle Mountain Band of Chippewa Indians v. North Dakota Legislative Assembly:

Cert Petition

Republican Governors Amicus Brief in Opposition

Questions presented:

1. Should this Court vacate the Eighth Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)? 2. Are state legislators absolutely immune from civil discovery, including from producing documents and communications that involved or were shared with third parties, or is the state legislative privilege a qualified one, based on principles of comity, that yields where important federal interests are at stake?

Lower court materials here.

SCOTUS Briefs in Becerra v. San Carlos Apache Tribe

Matthew L.M. Fletcher

Here:

Government’s Opening Brief.pdfDownload
San Carlos Apache Brief.pdfDownload
Northern Arapaho Brief.pdfDownload
Scholars Amicus Brief.pdfDownload
National Indian Health Board Amicus Brief.pdfDownload
NAFOA Amicus Brief.pdfDownload
COLT Amicus Brief.pdfDownload
NCAI Amicus Brief.pdfDownload
Joint Appendix.pdfDownload
Reply.pdfDownload

Lower court materials here and here.

I believe that’s a Cutlass Supreme parked outside the court.

No Casino in Plymouth v. NIGC Cert Petition

Matthew L.M. Fletcher

Here:

cert-petitionDownload

Questions presented:

  1. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to DOI’s approval of a trust transfer for the Ione Band which was not a recognized tribe in 1934 as required by the IRA?
  2. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to NIGC’s authority to approve a gaming ordinance for the Ione Band which has no Indian lands as defined by IGRA?
  3. Did the Ninth Circuit err when it dismissed plaintiffs’ claim that federal acknowledgement as a tribe under 25 CFR Part 83 is a prerequisite for the Ione Band to receive IRA and IGRA benefits?

Lower court materials here.

West Flagler v. Haaland Cert Petition

Matthew L.M. Fletcher

Here:

West Flagler Cert Petition.pdfDownload

Questions presented:

1. Whether IGRA authorizes the approval of a compact that purports to allow for an online sports gambling monopoly throughout the state and off Indian lands.

2. Whether an IGRA compact violates the Unlawful Internet Gambling Enforcement Act if it provides for internet sports betting that is unlawful where many of the bets are placed.

3. Whether the Secretary’s approval of a tribalstate compact violates equal protection principles where it provides a specific tribe with a monopoly on online sports gaming off tribal lands, while state law makes that conduct a felony for everyone else.

Lower court materials here.

Littlefield v. DOI Cert Petition

Matthew L.M. Fletcher

Here:

Littlefield Cert Petition.pdfDownload

Questions presented:

Whether the decision of the court of appeals conflicts with Carcieri?

Lower court materials here.